The most effective form of management of local public services

Abstract

On the occasion of the previous economic crisis, in Spain different administrative rules were modified that affected the way of exercising a large part of the public powers, in particular the organizing power and, more specifically, the choice of forms of management of local public services. Among the changes introduced by the LRSAL is the new wording given to article 85.2 of the LBRL which radically changesthe traditional discretion for the choice of the form of management of local public services. Since then, this decision has been conditional on the effective accreditation that the chosen form of management is the most efficient and sustainable (direct or indirect). Thus, the constitutional principle of efficiency is incorporated and developed in this and other basic rules that regulate the exercise of this power. Next to the economic aspect, incorporated hand in hand with the principle of efficiency, is the financial, although this is limited to referring to compliance with the obligations established in the rules governing the financial-budgetary field. This paper analyzes the consequences of the economic conditionality established to choose the form of management of local public services and the main elements thats must be part of the file to be carried out for its accretidation.